An Employee's Right to Sue – An Index of Employment Tribunal Claims - Settlement Agreement Lawyers - Monaco Solicitors

An index of claims: an employee's right to sue

Claims that can be made at an employment tribunal

Before you embark upon any process of negotiation, or on a employment tribunal claims process, it is important to know what claims you may have. There are dozens of claims that an employee can make against an employer, some of which are not common, but may apply to you.

Be clear about your claim

For your ease of reference, we include below a full list of claims that the employment tribunal has jurisdiction to hear and the codes used by the employment tribunal to identify those claims. Any one of these claims, or a combination of two or more, can be used as a point of negotiation to attempt to obtain a settlement agreement.

Employment Tribunal Jurisdiction Codes


Code Descriptor Origination Legislation
ADG (ST) Suffer a detriment and/or dismissal resulting from a failure to allow an employee to be accompanied or to accompany a fellow employee at a disciplinary/grievance hearing. EReIA 1999 Secs 11-12
ADT (None) Application for a declaration that the inclusion of discriminatory terms/rules within certain agreements or rules causes the aforesaid to be invalid. Sex Discrimination Act 1986 s 6 (4A)
APA (ST) Application by an employee, their representative or trade union for a protective award as a result of an employer’s failure to consult over a redundancy situation. TULR (C)A 1992 Sec 189
BOC (SH) Breach of Contract ETA 1996 Sec 3
CCP (None) Failure of the employer to consult  with an employee representative or trade union about a proposed contracting out of a pension scheme. SSPA 1975
COM (None) Application or complaint by the EOC, CRE or DRC in respect of discriminatory advertisements or instructions or pressure to discriminate (including preliminary action before a claim to the county court). SDA 1975 Secs 72-73, 76; RRA 1976 Secs 63-64, 68; DDA 1995 Secs 17B and Sch 3, para 3
DAG Discrimination or victimisation on grounds of age. EE (Age) Regs 2006
DDA (OP) Suffered a detriment, discrimination and/or dismissal on grounds of disability or failure of employer to make reasonable adjustments. DDA 1995 Ss 17 A and 25 (8) ans Schedule 3 para 3
DOD (ST) Suffered a detriment and/or dismissal resulting from requiring time off for other (non-work but not Health and Safety) duties, study, training or seeking work. ERA 1996 Sec 46, 47, 48, 102 – 103, 105, 108-109 and 111
DRB (OP) Discrimination or victimisation on grounds of religion or belief. E E (Religion or Belief) Regs 2003 regs 28 and 34
DSO (OP) Discrimination or victimisation on grounds of sexual orientation. E E (Sexual Orientation) Regs 2003  regs 28 and 34
EPA (None) Application by the Secretary of State for Trade & Industry to prohibit a person from running an Employment Agency. Employment Agencies Act 1973 ss 3A and 3C
EQP (OP) Failure to provide equal pay for equal value work. EPA 1970 Sec 2 and 7A
FCT (ST) Failure of the employer to consult with an employee rep. or trade union about a proposed transfer. TUPE 1981 Regs 11 (1) – (4) and (8)
FLW (ST) Suffer a detriment and/or dismissal for claiming under the flexible working regulations or be subject to a breach of procedure. ERA 1996 ss47E, 80F – 80I and 104 C; FW (Procedural Requirements) R 2002 FW (Eligibility Complaints and remedies) Regs. 2002
FML (SH) Failure to pay remuneration whilst suspended from work for health and safety reasons whilst pregnant or on maternity leave. ERA 1996 Sec 67 – 68 and 70 (1) and (4)
FPA (SH) Application by an employee that an employer has failed to pay a protected award as ordered by a tribunal. TULR(C)A 1992 Sec 192
FTC (ST) Failure to provide a written statement of terms and conditions and any subsequent changes to those terms. ERA 1996 Sec 11 (1)
FTE (ST) Suffered less favourable treatment and/or dismissal as a fixed term employee, than a full time employee. FTE 2002  Reg 7 ERA 1996 s 105
FTO (1) (SH) Failure to allow time off for trade union activities or duties, for ante-natal care or for public duties. TULR (C)A 1992 Sec 168 – 170; ERA 1996 Sec 51 and 57
FTO (2) (ST) Failure to allow time off for trade union activities or duties, for union learning representative; care of dependants; pension scheme trustees; employee representatives; young person studying or training; member of European Works Council and related representatives). Employment Rights Act 1996 ss 57B, 60, 63 and 63C; Transnational Information & Consultation of Employees Regulations 1999 reg 27
FTP (SH) Failure to provide a guarantee payment. ERA 1996 Sec 34
FTR (SH) Failure to pay remuneration whilst suspended for medical reasons. ERA 1996 Sec 64 and 70 (1)
FTS (SH) Failure to allow time off to seek work during a redundancy situation. ERA 1996 Sec 54
FTU (SH) Failure of an employer to comply with an award by a tribunal following a finding that the employer had previously failed to consult about a proposed transfer of an undertaking. TUPE 1981 Sec 11 (5 – 8)
FT1 (ST) Failure to allow or to pay for time off for care of dependants, union learning representatives duties, pension scheme trustee duties, employee representatives duties, young person studying/training and European Works Council duties. ERA 1996 Secs. 57B, 60, 63 and 63C; TICER 1999 Reg 27
FWP (ST) Failure to provide a written pay statement or an adequate pay statement. ERA 1996 Sec 11 (2)
FWS (ST) Failure to provide a written statement of reasons for dismissal or the contents of the statement are disputed. ERA 1996 Sec  93
HAS (None) Appeal against an enforcement, improvement or prohibition notice imposed by the HSE or Environmental Health Inspector, or by the Environment Agency. NESE 1994 Reg 6 or HSWA 1974 Sec 24(2) or COMAH 1999 Sec 18
HSD (None) Failure to pay for or allow time off to carry out Safety Rep duties or undertake training. Health & Safety at Work etc Act 1974 s 80; Safety Representatives & Safety Committees Regulations 1977 reg 11; Health & Safety (Consultation with Employees) Regulations 1996 Sch 2EPA 1970 Sec 2 (1)
HSR (ST) Suffer a detriment, dismissal or redundancy for health and safety reasons. ERA 1996 Sec 44, 48, 100 105, 108-109 and 111
IRF (ST) Application for interim relief.  ERA 1996 Sec 128 or TULR (C)A 1992 Sec 161-167
ISV (None) Failure by the SOS to make an insolvency payment in lieu of wages and/or redundancy. ERA 1996 Sec 188
LEV (None) Appeal against the levy assessment of an Industrial Training Board. Relevant Industrial Training Levy Order – either Construction or Engineering Construction Board
LSO (None) Loss of office as a result of the reorganisation of a statutory body. Miscellaneous statutes
MAT (ST) Suffer a detriment and/or dismissal on grounds of pregnancy, child birth or maternity. ERA 1996 Sec 47c, 48, 99, 108- 109 and 111 MPL 2002 Reg 19 -20, PAL regs 2002 regs 28-29
MWA (None) Appeal against an enforcement or penalty notice issued by the Inland Revenue. NMWA 1998 Secs 19 and 22
MWD (ST) Suffer a detriment and/or dismissal related to failure to pay the minimum wage or allow access to records. ERA 1996 Sec 104A, 105, 108-109 and 111: NMWA 1988 ss 11
NNA (None) Appeal against a non-discrimination notice issued by either the CRE, DRC or EOC. DRC 1999 Sch 3 or RRA 1976 Sec 59 or SDA 1975 Sec 68
PAC (ST) Failure of the employer to comply with a certificate of exemption or to deduct funds from employees pay in order to contribute to a trade union political fund. TULR 1992 Secs 68A and 87
PAY (SH) Failure of the employer to prevent unauthorised or excessive deductions in the form of union subscriptions. TURER 1993 Sec 15(68)
PEN (None) Failure of the Secretary of State to pay unpaid contributions to a pensions scheme following an application for payment to be made. Pensions Schemes Act 1993 Sec 126
PID (OP) Suffered a detriment and/or dismissal due to exercising rights under the Public Interest Disclosure Act. ERA 1996 Sec 47B & 103A
PLD (ST) Suffer a detriment and/or dismissal due to requesting or taking paternity or adoption leave or time off to assist a dependant. ERA 1996 Sec 57ª,EreIA 1999 Sch 4, Sec 76 & 80, MPL 1999 Regs 13-16, PAL 2002 Sec 28-29
PTE (ST) Suffer less favourable treatment and/or dismissal as a result of being a part time employee by comparison to a full time employee. PTW 2000 Reg 5-8
RPT (SH) Failure to pay a redundancy payment. ERA 1996 Sec 163-164
RPT (S) (SH) Failure of the SOS to pay a redundancy payment following an application to the NI fund. ERA 1996 Sec 166
RRD (OP) Discrimination or victimisation on grounds of race or ethnic origin. RRA 1976 Sec 54 & 64
SUN (ST) Suffer a detriment and/or dismissal for refusing to work on a Sunday. ERA 1996 Sec 44, 45, 101
SXD (OP) Discrimination or victimisation on grounds of sex, marriage or transgender. SDA 1975 Sec 6 & 10, SDA 1986 Sec 4c
TPE (ST) Suffered less favourable treatment and/or dismissal as a temp. employee than a full time employee. FTE Regs 2002
TUE (ST) Suffer discrimination in obtaining employment due to membership or not-membership of a trade union. TULR ©A 1992 Sec 137
TUM (ST) Suffer a detriment and/or dismissal relating to being, not being or proposing to become a trade union member. TULR (CA) 1992 Sec 46, 66, 146, 152 & 174
TUR (None) Failure of the employer to consult or report about training in relation to a bargaining unit
Suffered a detriment on grounds related to recognition of a trade union for collective bargaining.
TULR (C)A 1992 Secs 70c, Sch A1 paras 156-157
TUS (ST) Suffer discrimination in obtaining the services of an employment agency due to membership or non-membership of a trade union. TULR ©A 1992 Sec 138
TXC (ST) Suffered a detriment and/or dismissal due to exercising rights under the Tax Credits Act. TCA 2002 Sec 27 & Sch 1
UDC (ST) Unfair dismissal after exercising or claiming a statutory right. ERA 1996 Sec 104
UDL (ST) Unfair dismissal on grounds of capability, conduct or some other general reason including the result of a transfer of an undertaking. ERA 1996 Sec 94 or TUPE 1981 Reg 8
UIA (ST) Unfair dismissal in connection to a lock out, strike or other industrial action. TULR 1992 Sec 238a
WA (SH) Failure of employer to pay or unauthorised deductions have been made. ERA 1996 Sec 13-27 or CEC 1975 Reg 42
WTA (None) Appeal by a  person who has been served with an improvement or prohibition notice under the Working Time Regulations 1998. WTR 1998 Sch 3, para 6
WTR (ST) Failure to limit weekly or night working time, or to ensure rest breaks. WTR 1998 Regs 4, 6, 10, 12-17
WTR/AL(SH) Complaint by a worker that employer has failed to allow them to take or to pay them for statutory annual leave entitlement. WTR 1998c Regs 13, 14(2) or 16(1)

Originating Abbreviation and Full Title


Abbreviation Originating Legislation Full Title
CEC 1975 Colleges of Education (Compensation) Regulations 1975
COMAH 1999 Control of Major Accident Hazards Regulations 1999
DCOA 1994 Deregulation and Contracting Out Act 1994
DDA 1995 Disability Discrimination Act 1995
DRC 1999 Disability Rights Commission Act 1999
EE (Age) Regs 2006 Employment Equality (Age) Regulations 2006
EE (Religion or Belief) Regs 2003 Employment Equality (Religion or Belief) Regulations 2003 
EE (Sexual Orientation) Regs 2003 Employment Equality (Sexual Orientation) Regulations 2003
EPA 1970 Equal Pay Act 1970
ERA 1996 Employment Rights Act 1996
ERelA1999 Employment Relations Act 1999
ETA 1996 Employment (Industrial) Tribunals Act 1996
FTE 2002 Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002
FWR 2002 Flexible Working (Procedural Requirements) Regulations 2002 and Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002
HSCE 1996 Health and Safety Consultation with Employee Regulations 1996
HSWA 1974 Health and Safety at Work Act 1974
MPL 1999 Maternity and Parental Leave Regulations 1999
MPL 2002 Maternity and Parental Leave (Amendment) Regulations 2002
NESE 1994 Notification of Existing Substances (Enforcement) Regulations 1994
NMWA 1998 National Minimum Wage Act 1998
PAL 2002 Paternity and Adoption Leave Regulations 2002
PIDA 1998 Public Interest Disclosure Act 1998
PTW 2000 Part Time Worker (Prevention of Less Favourable Treatment) Regulations 2000
RRA 1976 Race Relations Act 1976
SDA 1975 Sex Discrimination Act 1975
SRSC 1977 Safety Representatives and Safety Committees Regulations 1977
SSPA 1975 Social Security Pensions Act 1975
STA 1994 Sunday Trading Act 1994
TCA 2002 Tax Credits Act 2002
TULR(C) 1992 Trade Union and Labour Relations (Consolidation) Act 1992
TUPE 1981 Transfer of Undertakings (Protection of Employment) Regulations 1981
TURER 1993 Trade Union Reform and Employment Rights Act 1993
WTR 1998 Working Time Regulations 1998

Art = (Article) Par = (Part) Reg = (Regulation) Sch = (Schedule) Sec = (Section)


Nearly all of the above claims have a three-month limitation period (the exception is a claim for a redundancy payment), which means that unless you start the claims process within three months of the date of the incident which you complain about, you will not be able to bring a claim.

If you cannot bring a claim, then you cannot use that claim as a point in a negotiation with your employer. It is therefore vital that you protect your rights by starting the ACAS process described in this chapter and filing a claim in an Employment Tribunal, even if negotiations are ongoing at the time that limitation expires.

We have various additional helpful articles about the Employment Tribunal process for your reference:

Employment Tribunal Claims and Settlement Agreements

Employment Tribunal Costs and Without Prejudice ‘Save As To Costs’

Employment Tribunals – The Facts

Time Limits for Employment Tribunal Claims

How to Start an Employment Tribunal Claim

How to Fill in the Employment Tribunal ET1 Online Claim Form

Preliminary Hearings in Employment Tribunals

Witness Statements in Employment Tribunals


Next steps

If you want to talk to us about your work situation, including your next steps and whether you deserve a better deal, just get in touch on 020 7717 5259 or request a free 15 minute consultation, no obligation.